Seeking justice for wage and hour violations

The Fair Labor Standards Act (FLSA) governs minimum wage, overtime pay, work hours and child labor. The Wage and Hour Division of the U.S. Department of Labor (DOL) enforces these important regulations. When appropriate, our attorneys litigate your FLSA claims in both federal and state courts.

DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC is a law firm that is dedicated entirely to protecting the rights of workers under labor and employment laws. Our lawyers regularly handle overtime, wage and hour claims for unfairly treated workers. We maneuver through the complicated agency procedures and regulations to recover the maximum damages possible for your unpaid wages under the FLSA.

Recovering your back wages

Our primary objective during DOL proceedings or civil litigation is to recover what was taken from you and keep the problem from happening again. Whether you were denied minimum wage or overtime wages, we pursue back wages for all payments owed to you plus an equal amount called liquidated damages.

Of course, your employer is likely to fight paying liquidated damages by arguing that it had reasonable grounds for believing that its actions were not in violation of the FLSA and that the mistake was made in good faith. Our lawyers know how to successfully counter this common defense tactic.

Repercussions to employers for willful violations

At the conclusion of an investigation, the DOL (or court, if a lawsuit has been filed) determines whether an employer violated the FLSA on purpose or made an honest mistake. A willful violation subjects an employer to the following:

Liquidated damages in an amount equal to the back pay owed to its employees

An extension of the statute of limitations to three years instead of two years if the violation was not made in good faith

$1,000 in civil penalties for each violation of minimum wage or overtime pay requirements

$10,000 in civil penalties per each young worker employed in violation of the child labor provisions

Criminal prosecution that can result in up to $10,000 in fines for a first conviction on FLSA violations and imprisonment for a second conviction.

While the goal of the DOL is to deter employers from willfully violating workers’ rights, our firm has the additional goal of maximizing your monetary recovery.

Hot goods provision

It is not enough for an employer to pay damages and fines imposed on it for FLSA violations; employers must also voluntarily correct the problems. A very effective tactic the Wage and Hour Division uses is the “hot goods” provision to confiscate or restrain the shipment of goods produced in violation of minimum wage, overtime or child labor regulations when employers don’t voluntarily do so.

DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC is located in Atlanta, GA and serves clients in and around Atlanta, Marietta, Smyrna, Cobb County and Fulton County.

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